§8-205 SIDEWALKS; MUNICIPAL CONSTRUCTION. Whenever the Municipality shall construct, widen, replace or reconstruct any sidewalk, notice prepared by the City Attorney, specifying the work to be done and calling for bids for doing the work and furnishing the necessary material and labor shall be published in at least one (1) issue of a legal newspaper published in and of general circulation in the Municipality; provided, bids so invited shall be filed in the office of the Municipal Clerk within ten (10) days after date of first publication. Bids shall be opened at the next regular or special meeting of the City Council. The City Council shall award the work to the lowest responsible bidder. (Ref 17-522 RS Neb.)
§8-206 SIDEWALKS; IMPROVEMENTS; OTHER PROCEDURES. Permanent or temporary sidewalk improvements may also be made by the Municipality by the creation of improvement districts as authorized by the laws of Nebraska. (Ref 17-522 through 17-524 RS Neb.)
§8-207 SIDEWALKS; CONSTRUCTION MATERIALS. All sidewalks or repair of same shall be constructed of concrete, glass, iron or a combination of such materials and in conformity with such specifications as approved by the City Engineer. The City Engineer may reject the use of any materials that do not comply with such requirements and specifications, or any material that is lacking in quality, and it shall be unlawful to construct any sidewalks from any material so rejected. (Ref 17-522 RS Neb.)
§8-208 SIDEWALKS; ASSESSMENT SHEETS. The City Engineer shall certify to the City Council a detailed schedule of all sidewalks laid, widened or rebuilt and the cost of same from which the City Council may be aided in determining the amount to be assessed as a special assessment against each lot or piece of ground. The City Engineer shall certify such other facts as may be necessary to enable the City Council to make the proper special assessment; and he shall also certify to the City Council the acceptance of any sidewalk so improved or what other action he has taken with reference to the sidewalk. The City Engineer shall allocate the cost of sidewalk improvements to the adjoining lots or parcels of land and prepare all necessary data for assessment sheets. (Ref 17-522 RS Neb.)
§8-209 SIDEWALKS; CROSSWALKS. All crosswalks over streets which connect with or join sidewalks or sidewalk spaces at the end of blocks or elsewhere shall be built and maintained by the Municipality. Such crosswalks shall be of the same material and built in the same general manner as sidewalks but of such width as the City Engineer shall in each case determine and of such elevation as to allow free drainage of the surface water in its usual and natural course. (Ref 17-522 RS Neb.)
§8-210 SIDEWALKS, STREETS AND ALLEYS; OVERHANGING BRANCHES, SPECIAL ASSESSMENTS. The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any sidewalk, street, alley or right-of-way over which extend the branches of any tree, shall at all times keep the branches or limbs thereof trimmed to the height of at least fifteen (15) feet above the surface of the sidewalk, street, alley or right-of-way. Whenever the limbs or branches of any tree extend over a sidewalk, street or alley contrary to the provisions of this section, the Chief of Police shall give the owner or occupants notice to comply with the requirements of this section by personal service or certified mail. If no person can be found within the City to whom such notice can be given, the Chief of Police shall post a copy of such notice on the premises. Within five (5) days after receipt of such notice, or posting of such notice, if the owner or occupant of the premises so notified, does not submit a written request to the City Clerk for a hearing with the City Council regarding such notice or fails to comply with the notice, the City may have such work done and may levy and assess the costs and expenses of the work upon the premises so benefitted in the same manner as other special taxes for improvements are levied and assessed. The City may also recover such costs and expenses by civil suit.(Ref 17-522 RS Neb.) (City Ordinance 328)
§8-211 SIDEWALKS; REMOVAL OF SNOW, ICE AND OTHER ENCROACHMENTS. (1) It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits of the Municipality, to allow snow, sleet, mud, ice or other substance to accumulate on the sidewalk contiguous thereto, or to permit any hard trodden snow, sleet, ice, mud or other substance to remain upon said sidewalk; but such sidewalk shall be cleaned within five (5) hours after the cessation of the storm; provided, if the storm or fall of snow shall have taken place in the night time, the sidewalk shall be cleaned before eight-thirty (8:30) A.M. the following day.
(2) The Street Commissioner is responsible for seeing that sidewalks contiguous to any lot or lots within the corporate limits of the Municipality are free from snow, sleet, mud, ice or other substance. In the event that any of said substances be found on the sidewalks, notice in writing shall be given to the owner or occupant of the premises contiguous to the sidewalk to remove the substance. If the person owning or occupying such premises be unknown or cannot be found, then said notice shall be given by posting a copy thereupon the premises.
(3) In the event any owner or occupant shall fail to remove the substance after having received notice as provided herein, then the Street Commissioner or other agent of the Municipality shall remove the substance and the expense charged against the property and the owner thereof and may be recovered by proper action in the name of the Municipality or chargeable against the property as a special assessment.
(4) The cost of removal assessed against the property shall be cumulative and in addition to the penalty hereinafter provided for any violation of the provisions of this Chapter. (Ref 17-557 RS Neb.)
§8-212 SIDEWALKS; POLICE DUTIES. It shall be the duty of all policemen to take note of all defects in sidewalks and to report such defects to the Street Commissioner who shall take appropriate action to remedy such defects. (Ref 17-555 RS Neb.)
§8-213 SIDEWALKS; OPENINGS. (1) No sidewalk shall contain any opening or gratings nor shall there be constructed any stairway, open cellarway or open basement way except as provided herein. No part of any sidewalk shall be taken for private use by lowering or cutting down the sidewalk next to any building built with or near the lot line.
(2) If such building is not accessible to vehicles at any other point, an open space of not more than four (4) feet may be left next to the building provided such area be protected by a strong iron railing. Entrance stairs and steps shall not be more than four (4) feet wide and guarded by sufficient railings.
(3) All existing stairways, open cellarways or open basement ways or open entrances thereto in sidewalks, pavements or streets, may be permitted to remain from and after the passage and approval and publication of this Code, if the person owning or using such opening in the sidewalk or street shall satisfy the Street Commissioner and the City Attorney that the same is properly protected by a balustrade or coping of durable material; and provided further, in addition to said protection. the owner or user may be required to furnish the City with a bond in the amount of not exceeding two thousand dollars ($2,000.00) for benefit of any person who shall have suffered any injury or damage by reason of the use of said opening, grating, stairway, cellarway or open basement way. (Ref 17-522 RS Neb.)
§8-214 SIDEWALKS; STREET COMMISSIONER; ABSENCE OF CITY ENGINEER; DUTIES. If there be no duly qualified and acting City Engineer in the Municipality, the Street Commissioner shall perform all the duties required of the City Engineer with relation to any sidewalk improvement contemplated by this Article. (Ref. 17-604 RS Neb.)